Ellis passes ‘innocence protection’ bills

State Sen. Rodney Ellis, D-Houston, got two bills through the Senate today that are part of his Innocence Protection Package aimed at decreasing the number of wrongful convictions in Texas. One measure would reform the way law enforcement officers conduct identification lineups; the other would fully compensate Anthony Graves for the 18 years he spent in prison after being convicted of murders he didn’t commit.

Ellis noted that 38 of the 44 Texas exonerees cleared on DNA evidence were convicted on the basis of mistaken identification. His bill, House Bill 215, would require police to adopt best practices for photo lineups and live lineups.

Graves was released from jail in October, and his lawyers maintain that the state owes him more than $1 million for the time he was wrongfully held. Under the Timothy Cole Compensation Act, inmates who are freed from jail after being found innocent of the crimes for which they were convicted are entitled to $80,000 for each year of wrongful imprisonment, plus a lifetime annuity.

When Graves filed a claim to collect, Comptroller Susan Combs ruled that the order releasing him did not have the correct wording to entitle him to compensation. She denied his claim.

Ellis’ bill, co-sponsored by state Rep. Rafael Anchia, D-Dallas, would enact official guidelines for exonerees obtaining financial compensation. The bill doesn’t mention Graves by name, but if it becomes law he would receive compensation. Exonerees also would be eligible for health insurance provided by the Texas Department of Criminal Justice.

The Ellis-Anchia bill, House Bill 417, now goes back to the House for approval of Senate changes. The ID bill, already approved by the House, now goes to the governor.